In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law.

This work examines the ways in which the criminal justice system deals with rape and its after-effects in the victim (PTSD - post traumatic stress disorder). Considerable coverage is given to research findings in the United States, findings of the police themselves and other investigations.

This book provides a timely analysis of the use of cultural narratives and narratives of credibility in rape trials in England and Wales, drawing on court observation methods. It draws on data from rape and sexual assault trials in 2019 which is used to examine the current status of newly emerging issues such as the use of digital evidence and the impacts of increasing policy attention on rape trials. Drawing on the concept of master narratives, the book provides an examination of rape myths and broader cultural narratives focussing on the intersections of gender and class and it also touches on the intersections of age, (dis)ability and mental health. It emphasizes the importance of situating rape myth debates and sexual violence research within a broader cultural context and thus argues for widening the lens with which rape myths in the courtroom, as well as in the wider criminal justice system, are viewed in research and contemporary debates. The findings presented in this book will help further discussion at a critical time by enabling scholars, as well as practitioners and policymakers, to better understand the current mechanisms that serve to undermine and retraumatise victim-survivors in the courtroom. It seeks to inform further research as well as positive changes to policy and practice.

The use of a rape victim’s sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform. This accessible book mounts an important interrogation into the use of a victim’s sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.

My 2018 book, Rape Trials in England and Wales: Observing Justice and Rethinking Rape Myths, used court observations to explore rape complainants' experiences of trial. The method provides high-quality, naturalistic data on complex social worlds, but it is currently under-used because of the difficulties of actually observing courts. During my fieldwork, I struggled to find advice on how to conduct observations within the specific context of courts, and this case study is intended as a practical guide for students and researchers in the same position. It will outline the lessons I learned about sample size, case selection, data recording, and ethics based on my experiences in the field. Ultimately, the case calls for greater transparency and honesty about the seemingly mundane, but actually very significant, aspects of court observation methods.

Sexual Violence on Trial provides a contemporary critical examination of the investigation, prosecution and cultural contexts of sexual violence. It draws on Northern Ireland as a case study, while also drawing on experiences from other jurisdictions across the United Kingdom and island of Ireland. Public and academic debates concerning the high-profile ‘Belfast/Rugby Rape Trial’ and the subsequent Gillen review of the arrangements to deliver justice in serious sexual offence cases have been mirrored at a global level with movements such as #MeToo and #TimesUp. This book brings together the perspectives of practitioners and academics to discuss contemporary challenges surrounding the societal and legal framing of sexual violence. It examines key aspects of the criminal justice process including the challenges of supporting victims; of responding to a range of forms of sexual violence such as rape, peer abuse, intimate partner violence and forced-to-penetrate cases; as well as alternative perspectives and future reforms. It also considers broader debates including balancing the interests of victims and defendants; the impact of cultural myths and stereotypes; the challenges of the digital age; models of consent; legal representation for victims and anonymity and publicity surrounding trials. Written by leading authorities in the field, Sexual Violence on Trial will be of great interest to students and scholars of Criminology, Law and Sociology.